Sale of Liquor to Minor Difficult to Defend
In the majority of states including Virginia, it is a crime to sell liquor to a person under the legal drinking age. As a result of long standing policy, the legal drinking age is 21. Additionally, in most states the sale of alcohol to an underage person is a “strict liability” offense. Thus, if prosecuted for sale of alcohol to an underage person, even if the defendant requested a valid identification, that fact will probably not stand as a successful defense. Because the sale of alcohol to a minor is a strict liability crime, a defendant (such as an employee) can not rely on the fact that he or she did not actually “know” the person was underage. If, however, the law required a person to have knowledge that the purchaser was underage, such a defense might be possible. If you have been charged with an alcohol-related crime, call your trusted local Virginia Beach Criminal Lawyer for an explanation and analysis of your case.
3rd DUI May be a Felony
In Virginia, there were a total of 365 alcohol-related traffic fatalities in 2008. Alcoholalert.com provides statistics that show 1986 was the year with the most traffic fatalities involving alcohol (606). Moreover, the latest data (from 2008) shows that of all the fatalities on the road, more than one third implicated a blood alcohol concentration (BAC) of .08 or more.
Alcohol and driving don’t mix. As a result of public policy, statutes and precedent, it is possible to be convicted of an alcohol-related crime even if no one was injured as a result of your intoxication. The charge of “Driving Under the Influence” is taken seriously by the state, the court and the legislature, and as a result, you must take such a charge seriously as well. For instance, if a third offense occurs within the same 10 year period, it may be treated as a felony. For the best analysis of the law as it pertains to your facts and your history, speak with your local Virginia Beach DUI Lawyer.